Nanku Prasad Singh v. Kamta Prasad Singh and others
1922-01-19
body1922
DigiLaw.ai
Lord Atkinson.- Their Lordships have considered this case, and they thick it is clear that no personal liability was incur red by the purchasers of the equity of re demption, who, their Lordships understand, are defendants Nos. 2 to 11 of whom only five are Respondents here. Their Lord ships therefore think that the decree of the High Court was right and that the point made by the Appellant fails. The decree of the High Court, which is in general terms will, however, be amended so as to make its intention clear. So much of the decree of the Court of the Subordi nate Judge as relates to the sale will stand, but it will be modified to the extent of de claring that the purchasers of the equity of redemption are under no personal liabili ty to the Plaintiffs. As to the costs, their Lordships think that the decree in the Subordinate Judge's Court should be modified and that the Defendants Nos. 2 to 11 and the Plaintiffs should bear their own costs in that Court. The Appellants must pay the costs of this appeal. Their Lordships will humbly advise His Majesty accordingly. Decree modified.